HANDBOOK OF POLICIES
AND GUIDELINES
EFFECTIVE: Nov. 16, 2023
HIGHLAND CREEK CONDOMINIUM ASSOCIATION
SALEM, OHIO
INCORPORATED NOVEMBER 19, 1999
WELCOME to the Highland Creek Condominiums. We, the Board of Directors for the Association, hope you derive pleasure from your condominium unit as well as from the ambiance of the condominium lifestyle. Our objective is to maintain the Highland Creek Condominiums as a very nice place to live.
IN ORDER to accomplish this, a set of policies and guidelines pertaining specifically to living in the atmosphere of Highland Creek has been established. These are common sense rules and regulations that take into consideration the health, safety, and comfort of all of our residents. We hope you will find them reasonable and will cooperate by upholding them.
THIS HANDBOOK OF POLICIES AND GUIDELINES is not all-inclusive of the provisions and restrictions that are established in the Declaration and Bylaws. It should be used in conjunction with the Declaration and Bylaws.
THE BOARD OF DIRECTORS is given the authority to adopt, promulgate, and enforce these policies and guidelines pursuant to Article III, section 2(p) of our Declaration. This booklet is intended to supplement, not replace, the Declaration and Bylaws; therefore, if there should be an inadvertent discrepancy between what is expressed in this booklet and the recorded documents, the Declaration and/or Bylaws shall govern. Federal and State of Ohio laws supersede Highland Creek governing documents.
WE ASK that you keep this booklet handy and that you refer to it when necessary. Please be advised that any and all future additions or revisions must be kept with this booklet.
It is recommended that all unit owners and/or occupants read and familiarize themselves with the Declaration and Bylaws given each owner at the time of closing. If you do not have these documents, copies may be obtained from the Board of Directors at a cost or from the Columbiana County Recorder’s Office in Lisbon.
Thank you,
The Board of Directors
Highland Creek Condominiums
Table of Contents
I. ARCHITECTURAL GUIDELINES. 4
III. WINDOWS AND WINDOW COVERINGS. 5
IV. ALLOWED EXTERIOR ITEMS. 5-7
V. LANDSCAPING: LAWN CARE; IN-GROUND FLOWERS AND
PLANTS; TREES, SHRUBS; GROUND AND LANDSCAPE
LIGHTING. 8-10
VII. SWIMMING POOL, EXERCISE ROOM, CLUBHOUSE. 11-12
VIII. SIGNS…………………………………………………………………….…………..12
X. OFFENSIVE ACTIVITIES AND NOISE. 12
XI. PARKING AND VEHICLE GUIDELINES. 13, 14
XII. SOLICITATIONS AND GARAGE SALES. 14
XIV. RESTRICTIONS ON OCCUPANCY. 145
XV. HCCA COLLECTION POLICY. 15,16
XVI. COMPLAINT, VIOLATION, & ENFORCEMENT. 16,17,18
APPENDIX II:QUICK GUIDE TO IDENTIFYING UNIT TYPES…….20
HIGHLAND CREEK CONDOMINIUM ASSOCIATION
POLICIES AND GUIDELINES
These policies and guidelines have been set forth to expand upon and detail the information found in the Declaration and Bylaws under which the Highland Creek Condominium Association operates. Effective November 16, 2023, this Handbook of Policies and Guidelines replaces all previous handbooks.
I. ARCHITECTURAL GUIDELINES
A. The Highland Creek condominium complex has a monochromatic color scheme or palette designed by the original architectural firm and the developer.
B. Approximately 85% of the buildings’ exterior surface area, which includes the roofs, is tan, beige, or taupe. The remaining accent colors are white in the window and door areas; brass and/or gold for the fixtures; and black for the vents, street light poles, clubhouse fences, and gates.
C. The signage palette is comprised of forest green, white, and gold.
D. Colors to use for the allowed exterior items are tan, beige, taupe, black, brown, terra cotta, and natural woods.
II. EXTERIOR ALTERATIONS
A. No alteration, addition, fence, wall, patio, deck, sign, hole, etc. may be made to the exterior of a building without prior Board approval. Requests and the plans and specifications for any such alteration must be submitted to and approved by the Board. All expenses, including any legal paperwork, are the responsibility of the owner.
B. The Board may require, as a condition to approval of exterior alterations, that the repair and maintenance of the addition or improvement shall be the responsibility of the requesting unit owner and all future owners of the unit. [See Declaration Article III, section 2(o).] This is the case for all additions of patios and their fences.
C. Doors, storm/screen doors, door hardware, windows, garage doors, light fixtures, patios, and fences must be uniform to the style and color used throughout the complex. Homeowners who desire to add, replace, or paint any of these items must seek Board approval.
III. WINDOWS AND WINDOW COVERINGS
A. Window coverings must be of a traditional nature—that is, draperies, curtains, blinds (vertical or horizontal), shutters, and/or valances.
B. The exterior view of all units’ window coverings, draperies, curtains, blinds (vertical or horizontal), shutters, or valances must be solid white, beige, or light gray. Window coverings made of other colors must be lined with one of the aforementioned acceptable colors.
C. Windows and window coverings must be kept in good repair. Repair, maintenance, and replacement of windows and window coverings are the homeowner’s responsibility.
D. Homeowners who desire to replace windows must choose a style and color used throughout the complex and seek Board approval beforehand.
IV. ALLOWED EXTERIOR ITEMS
With the exception of the allowed exterior items (listed below alphabetically), all personal property must be kept inside the unit or the garage, or additionally in the case of units with patios, within the patio area and below the top of the fence.
A. Bird Feeders
1. maximum of two (2) bird feeders
2. maximum size 1 cubic foot
3. must hang at least 5’ off the ground
4. located in the mulch/stone areas beside the unit
or patio
5. may be located alongside the woods if applicable as
long as mowers are not hindered
6. must be maintained and cleaned (including the area
beneath the feeder) by the unit owner
B. Door Wreaths and Sprays
C. Flower/Plant Pots; Hanging Baskets; Seasonal Pumpkins
1. Pots and/or hanging baskets of live flowers/plants are permitted in the limited common elements and in the common elements around the perimeter of the unit.
2. There is no restriction on the color of the flowers or the plants, but they must be live and not artificial.
3. The color of the pot, basket, or hanger must conform to the acceptable colors: tan, beige, taupe, black, brown, terra cotta, and natural woods. Two additional acceptable colors for these items are 1) dark green and 2) white.
4. Plant hangers must not exceed 6 feet in height.
5. Hanging basket hooks or hangers or flower boxes must not be attached to the building nor to any post or fence.
6. The unit owner is responsible for putting all hangers and flower pots inside at the end of the season.
7. From September 15 to Nov. 30, unembellished off-the-vine pumpkins are permitted in the limited common elements and in the common elements around the perimeter of the unit.
D. Grills
1. Grills must be used safely following the Ohio Fire Code.
2. When not in use, grills must be kept in the garage or
within the patio area.
3. Grill coverings should conform to the colors listed in Article
I(D): tan, beige, taupe, black, brown, terra cotta, and
natural woods.
E. Holiday Decorations
1. Holiday decorations are permitted to be placed inside
these areas: a) the unit owner’s limited common
elements, b) in the mulch/stones adjacent to one’s unit,
and c) within the unit’s main entrance area including the
door. They are also permitted on building exteriors
provided the decorations do not damage the limited
common elements, building, gutters, or siding.
2. They may be displayed one week before and after the
holiday. The exception to this rule is that Christmas lights
and decorations may be displayed one week before
Thanksgiving, to be removed no later than January 14 th of
the following year.
3. Accepted holidays for placing decorations are Easter,
Fourth of July, Halloween, Thanksgiving, and Christmas.
Residents may request Board approval for a holiday not
listed.
4. Residents are responsible for any safety issues arising
from their placement of holiday decorations outside.
F. Hoses and Hose Reels
Hoses and hose reels must be kept inside the garage unless
the hose reel is the totally enclosed type and conforms to the
colors listed in Article I (D): tan, beige, taupe, black, brown,
terra cotta, and natural woods.
G. Outdoor Furniture, Patio Umbrellas, Fences
1. Outdoor furniture, patio umbrellas, and their coverings
must conform to the colors listed in Article I (D): tan,
beige, taupe, black, brown, terra cotta, and natural woods.
2. Patio umbrellas must not have any logos, logotypes,
typography, or pictograms.
3. Laundry (swimsuits, towels, rugs, etc.) must not be hung
over any patio fence.
4. Nothing is permitted to be hung on the exterior side of
fences. (The exception is holiday decorations during the
designated time periods. See IV.E.)
5. With the exception of umbrellas, personal property must be
below or level with the top of the patio fence.
H. Trash Cans
Except when put out for collection, trash cans must be kept
inside the garage.
I. U.S. Flag
1. The U.S. flag may be flown or displayed at any time
following normal flag protocol.
2. The device by which the U.S. flag is flown must be
installed within the guidelines established by the Board of
Directors and with its written approval. Any damage
caused by this installation will be the homeowner’s
responsibility.
3. The only common element where a unit owner may use a
free-standing pole to display the U.S. flag is the
mulch/stones adjacent to the owner’s unit. Free-standing
poles that are placed in this area and their flags must
approximate the height and size of the Rotary Club poles
and flags which are used at the entrance (10 foot pole;
flag 3’x5’).
Unless governed by state or federal law or listed in other current Highland Creek governing documents, no other exterior items are permitted.
V. LANDSCAPING
A.
Lawn Care and Landscape Maintenance
1. The Association contracts with professional landscapers to maintain the grounds at Highland Creek. This includes all lawn care, pruning of trees and shrubs, and mulching. This work should be left to the landscapers to do.
2. All lawn mowing techniques are left to the discretion of the lawn care professionals, and no special request for push mowing will be permitted.
3. Watering of annual and perennial flowers is permitted, but there is to be no watering of lawns by unit owners.
4. All requests for needed landscaping maintenance or special requests must be submitted via the maintenance request form, which can be obtained at the clubhouse. Forms are to be completed and submitted to the Landscape
Committee for approval. If the request is beyond the Landscape Committee’s approval authority, the request will be submitted to the Board of Directors for approval.
B.
In-ground Flowers and Plants
1. Unit owners may at their own expense maintain the bed area in their limited common elements and the common elements around the perimeter of their unit. Maintenance is limited to planting of annual flowers.
2. Planting of perennial plants must be pre-approved by the Landscape Committee.
3. The Landscape Committee may thin any perennials that are spreading out of control.
4. Unit owners may elect to put stone in the bed area around the unit, with prior approval of the Landscape Committee. The stone must match the landscaping motif of HCCA. The cost of purchasing, maintaining, and placing the stone
is at the unit owner’s expense.
5. Planting of annuals or perennials in any other common element other than listed above requires pre-approval by the Landscape Committee.
6. All maintenance of flowers planted by the unit owner is the responsibility of the unit owner. This includes removal and/or cleanup in the fall. Annual flowers planted by a unit owner must be removed at the end of the season
in a timely manner. If not removed, the Board will issue a 10-day notice that they must be removed. If not removed after the 10 days, the Board may have them removed. A charge by the Board may be assessed up to, but
not to exceed, $50 to the unit owner for plant removal. (See Article XVI (D) and (E) regarding Violations and Enforcement.)
7. See Article IV.C. regarding flowers/plants in pots or hanging baskets.
C. Trees and Shrubs
1. No trees or shrubs may be planted, transplanted, or removed by a unit owner without prior approval. The unit owner shall submit to the Landscape Committee a maintenance request form detailing the tree or shrub to be removed along with a rough sketch of the area where planting will be and the name and description of the tree or shrub to be planted. The Landscape Committee will determine the appropriateness of the tree or shrub requested and may recommend a different tree or shrub. Once agreement is reached with the unit owner, the committee will submit the request along with its recommendation for the project to the Board of Directors for final approval.
2. Any cost for removal and/or the replacement of trees or shrubs requested by the unit owner will be paid for by the unit owner. Trees or shrubs will become the property of the association and will become the responsibility of the association to maintain. Should any tree or shrub paid for by the unit owner die within the first three years, the unit owner will be responsible for its removal and/or replacement.
D. Ground and Landscape-Liqhting
1. Ground and landscape low voltage solar-powered lighting may be placed in the area along the sidewalk on the unit side only and may be put in the shrub area around the unit. Lights may not be placed in the grass area nor situated where they would interfere with any bed maintenance.
2. For units with patios, lights are permitted to be hung on the fence but only on the interior side.
3. All ground and landscape lighting is the sole responsibility of the unit owner to purchase, install, repair or maintain, and/or replace.
4. Such lighting must be comprised of a black
housing with white or clear lights.
5. All ground and landscape lighting must be solar powered. Wired lighting installed prior to August 1, 2020 may remain, but if ever replaced, any replacement lighting must conform to the solar-powered requirement.
VI. ANIMALS AND PETS
A. No animals, livestock, reptiles, or poultry of any kind shall be raised, bred, or kept for private or commercial use within a unit or permitted on the common or limited common elements, with the exception of customary household pets such as but not limited to dogs, cats, birds, aquarium fish, and other small confined household pets. Columbiana County has an ordinance that must be followed requiring all dogs to be licensed.
B. When outdoors, all pets must be maintained on a leash by the owner and kept under control at all times. No pet shall be tethered in any common or limited common element.
C. Pet owners are responsible for the immediate, complete, and sanitary cleanup of their pet on any part of the condominium property. Pet waste must be disposed of in the pet owner’s trash receptacle.
D. Unit owners shall be held liable for any damages caused by their pet or the pet of their guest or occupant to any shrubs, bushes, trees, grass, and any other element of the condominium property.
E. Excessive pet noise (e.g., barking of dogs) that causes a disturbance to other residents is prohibited.
VII. SWIMMING POOL, EXERCISE ROOM, CLUBHOUSE
A. Swimming Pool and Pool Area
1. There is no lifeguard on duty. Swim at your own risk.
2. Swimming alone is not recommended.
3. Any person aged 12 or under must be accompanied by the unit
owner or adult occupant at all times.
4. GUESTS: All nonresidents are considered guests.
a) Each unit is limited to four (4) guests at one time unless
prior approval from the Pool Committee is obtained.
b) All guests must be accompanied by the unit’s owner or adult
occupant.
c) Guests must abide by the pool rules.
5. ATTIRE
a) Persons entering the pool must be dressed in appropriate
swimming attire.
b) Incontinent persons or those not fully toilet-trained must
wear appropriate waterproof clothing (e.g. marketed “swim
diapers”) when in the pool.
6. Ill persons must not use the pool.
7. No running, diving, jumping into the pool, or horseplay is
allowed.
8. No large flotation devices (such as air mattresses, inner tubes,
etc.) or non-pool items are allowed. Noodles and small flotation
devices are acceptable.
9. No glass or breakable plastic containers are permitted in the
pool area.
10. Food and drink must be kept out of the pool and away from its
edge.
11. No abusive or foul language is permitted.
12. All volume from personal music devices must be kept at a level
so as not to disturb other pool users or nearby residents.
(Headphones or earbuds are recommended.)
13. Pets are prohibited in the pool or pool area.
14. Because the chlorine from the pool bleaches the carpet and
furniture fabrics, wet bathing suits or wet feet are NOT
permitted in the clubhouse.
15. The door between the pool and clubhouse must be kept
unlocked during all hours that the pool is open for use.
16. The telephone in the clubhouse is for emergencies only.
17. All trash must be placed in the containers provided.
18. When leaving, return furniture to proper position.
19. Please report any damage to furniture or equipment to a Pool
Committee member or Board member immediately.
B. Exercise Room
1. In keeping with manufacturers’ safety recommendations, those
using the exercise equipment must be aged 14 or older.
2. Shoes used while exercising must be clean and dry.
C. Rental of Clubhouse
1. The clubhouse may be rented for personal events. A rental
agreement must be signed. For availability, pricing, rules,
and the rental agreement, contact the Board office.
2. Clubhouse rentals do not include use of the pool, the pool area,
or the exercise equipment.
D. Smoking is not permitted in any of these areas.
VIII. SIGNS
No sign of any kind shall be displayed to public view by a unit owner except for the following:
A. A limit of two (2) security system decals no larger than 6”x6” may be displayed from inside the windows only.
B. A limit of two (2) professionally prepared “For Sale” signs may be displayed from inside the windows. No “For Sale” or real estate signs are permitted in any common or limited common element with the exception of an “Open House” sign on the day of the showing.
IX. SATELLITE DISHES
While the installation of satellite dishes is not prohibited, some restrictions do apply. Nothing is permitted affixed to any exterior surface of any building or roof or any part of a unit, or the exterior of any door or window, or in, on, or over a patio or porch, visible to the exterior. Nothing shall be done to any unit which may impair structural integrity.
X. OFFENSIVE ACTIVITIES AND NOISE
No noxious or offensive activity shall be carried on in any unit, or upon the common or limited common elements, nor shall any be used in any way or for any purpose which may endanger the health of or unreasonably disturb any resident [from the Declaration, Art. III, section 2(e)].
XI. PARKING AND VEHICLE GUIDELINES
A. Parking
1. Residents may park their vehicle(s) only in their
garage or in the limited common element immediately in
front of their garage. The exceptions for parking in the
limited common element would be in cases where the
driveway must remain clear for snowplowing or de-icing or
when maintenance of the driveway or in the unit itself
requires clear access.
Other motorized vehicles, trailers, boats, and other
property must be parked or stored in the garage with this
exception: A recreational vehicle may be parked in a unit
owner’s limited common garage element for a period not to
exceed 48 hours when loading or unloading for a trip.
2. A guest may park a vehicle in the guest parking area at
the clubhouse, in the limited common garage element, or in
the unit owner’s driveway or egress for a period not to
exceed 48 hours. If the period will exceed 48 hours, the unit
owner must beforehand submit a written request to, and
receive approval from, the Board of Directors.
3. No vehicle may block access to any other resident’s
garage or street.
4. Parking or driving on the lawn is prohibited.
5. No vehicles other than automobiles, ¾ ton and smaller pickup trucks, passenger vans, motorcycles, and jeeps may be parked in the guest parking areas at the clubhouse.
6. Turn around areas near driveways are not to be used as permanent parking spaces.
7. The Board will consider special circumstances.
B. Other
1. Vehicle repair is restricted to the inside of garages, except for emergencies.
2. Any inoperable, abandoned, or unlicensed vehicle that is left for a period of more than 48 hours anywhere on the condominium property, other than mentioned above, will be towed at the owner’s expense.
3. Washing of residents’ vehicles is permitted in the limited common garage element.
4. Unit owner(s) will be responsible for repairs to any damage caused by oil leaks in driveways, etc.
5. Vehicles parked in driveways will prohibit snow removal of that driveway.
6. The use of ATV’s and snowmobiles is prohibited on HCCA property.
7. The maximum speed limit throughout Highland Creek is 14mph. Stop signs must be obeyed. All vehicles and other means of movement are to be operated on the HCCA property in a cautious, safe, and quiet manner.
8. Unit owner vehicles with logos or with business identification/advertising are prohibited without authorization.
XII. SOLICITATIONS AND GARAGE SALES
A. Solicitations by commercial enterprises are not authorized within the community.
B. Garage sales and tag sales are specifically prohibited unless approved by the Board of Directors.
XIII. CONDOMINIUM SALES
A. Any unit owners who plan to sell their condominium must do
the following:
1. Notify the Board of Directors of their intent to sell.
2. Make certain all condominium fees are current.
3. Make certain their condominium is in compliance with all policies and governing documents.
4. Follow all signage guidelines.
5. Make certain the Declaration, Bylaws, and these Policies and Guidelines are maintained in the unit and that prospective buyers review these documents prior to the final purchase of the unit.
B. Any unit owners who plan to sell their condominium must
abide by the following:
1. The rental of any unit is prohibited with the exceptions of
those expressly stated in the Declaration.
2. All keys to units sold must be transferred to the new
owner(s).
3. Auctions are specifically prohibited.
XIV. RESTRICTIONS ON OCCUPANCY
A. No units shall be leased, let or rented, whether for monetary
compensation or not, except in the following cases:
1. units that are occupied by the parent(s) or child(ren) of the
unit owner
2. to meet a special situation and/or to avoid undue hardship
for a limited time. See Amendments to the Declaration
from 2008 and 2018 for what qualifies and the procedures
to undertake.
B. According to the Declaration, Article III, section 2(a), except as otherwise specifically provided in the Declaration, no unit shall be used for any purpose other than that of a residence for individuals living together as a single housekeeping unit . . . and according to Article III, section 2(g) (ii), there is to be no “rental to roomers or boarders, that is, rental to one or more persons of a portion of a unit only.”
C. Tier II or Tier III sexual offender/child-victim offenders are prohibited from residing in or occupying a unit or remaining in or on the condominium property for any length of time [See Amendment A to Declaration: Article III, section 2(r).]
XV. HCCA COLLECTION POLICY
The following collection policy was approved March 4, 2008.
1. All assessments, including monthly assessments, are due on the first (1 st) day of the month and are considered late if not received by the 10 th of the month.
2. Unit owners are encouraged to pay the monthly assessment by ACH withdrawal, which is done on the fifth day of the month.
3. An administrative late charge of $25 per month shall be incurred for any late payment and on any unpaid balance of the assessment. (Subject to increase upon further notice.)
4. Any payments made shall be applied in the following order:
a. Interest and/or administrative late fees owed the Association
b. Collection costs, attorney fees incurred by the Association
c. Principal amounts owed on the account for common expenses and assessments.
5. Any past due assessments may cause a lien and foreclosure to be filed against the unit.
6. Any costs, including attorney fees, recording costs, title reports and/or court costs, incurred by the Association in the collection of delinquent assessments shall be added to the amount owed by the delinquent owner.
7. If any owner (either by his or her conduct or by the conduct of any occupant) fails to perform any act that he/she is requested to perform by the Declaration, the Bylaws, or the Handbook of Policies and Guidelines, the Association may, but shall not be obligated to, undertake such performance or cure such violation and shall charge
or collect from said owner the entire cost and expense,
including reasonable attorney fees, of such performing or cure incurred by the Association. Any such amount shall be deemed to be an additional assessment and shall be due and payable immediately following notification of such charge, and the Association may obtain a lien for said amount in the same manner and to the same extent as if it were a lien for common expenses.
8. If any owner is delinquent in the payment of any fees for more than thirty (30) days, the Board may suspend the privileges of the owner to vote and/or use any of the amenities.
XVI. COMPLAINT, VIOLATION, & ENFORCEMENT
PROCEDURE
A. Unit owners/residents shall be responsible for any violation of the Declaration, Bylaws, and Policies & Guidelines. Owners are responsible for all occupants (as allowed) and guests living or visiting at their unit.
B. Notwithstanding anything contained in these Policies & Guidelines, the Board of Directors shall have the right to proceed, immediately or otherwise, in response to complaints, damages, or violations of these governing documents, as the Board, in its sole discretion may determine. The entire cost of effectuating a legal remedy to impose compliance, including court costs and attorney fees, shall be added to the account of the responsible owner.
C. All costs for extra cleaning and/or repairs stemming from any violation will also be added to the responsible owner’s account.
D. In addition to any other action and in accordance with the procedure outlined below, actual damages and/or an enforcement assessment of up to but not exceeding $50.00 per occurrence, or if the violation is of an ongoing nature, per day, MAY be levied by the Board against the owner in violation.
E. Prior to the imposition of an enforcement assessment for a violation or a charge for damages, the following procedure will be followed:
1. The Board will give the Unit owner a written notice, which may be in the form of electronic mail to an electronic mail address previously provided by the owner in writing, specifying:
a. a description of the property damage or violation;
b. the amount of the proposed charge and/or assessment;
c. a statement that the owner has a right to request a hearing before the Board to contest the proposed charge and/or assessment;
d. A statement setting forth the procedures to request a hearing; and
e. a reasonable date by which the Unit owner must cure the violation to avoid the proposed charge and/or enforcement assessment.
2. Hearing Requirements:
a. To request a hearing, the Unit owner must deliver a written notice to the Board not later than the tenth day after receiving the notice required above. If the Unit owner fails to make a timely request for a hearing, the right to that hearing is waived, and the Board may immediately impose a charge for damages or an enforcement assessment.
b. If an owner timely requests a hearing, at least seven days prior to the hearing the Board shall provide the Unit owner with a written notice that includes the date, time, and location of the hearing.
c. The Board will not levy a charge or assessment before holding a properly requested hearing.
3. The Board may allow a reasonable time to cure a violation described above before imposing a charge or assessment.
4. Within 30 days following a hearing at which the Board imposes a charge or assessment, the Association will deliver a written notice of the charge or assessment to the Unit owner.
5. The Association will deliver any written notice required above to the Unit owner or any Occupant of the Unit by personal delivery, by electronic mail, by certified mail, return receipt requested, or by regular mail.
F. Complaint Procedure:
1. Residents filing complaints must follow this procedure:
Complaints against anyone’s violation of the Declaration, Bylaws, and/or Policies & Guidelines must be submitted to the Board of Directors in writing and must contain the signature, address, and telephone number of the individual filing the complaint plus the date.
2. As described above in Article XVI. B., the Board of Directors may respond on its own to violations of the Declaration, Bylaws, and/or Policies & Guidelines.
APPENDIX I: DEFINITIONS
CONDOMINIUM PROPERTY: The tract of land . . . submitted to the Condominium Act, all buildings, structures, and improvements situated thereon, and all easements, rights, and appurtenances belonging thereto.
COMMON ELEMENTS: All of the condominium property, except that portion described in the Declaration as constituting a unit or units, and is that portion of the condominium property constituting “common elements and facilities” of the condominium under the Condominium Act (Chapter 5311 of the Ohio Revised Code).
The common elements shall be owned by the unit owners as tenants in common, and ownership thereof shall remain undivided.
LIMITED COMMON ELEMENTS: Those common elements serving exclusively one unit . . ., the enjoyment, benefit, and use of which are reserved to the lawful occupants of that unit.
According to the HCCA Drawings, there are two general spaces at Highland Creek that are designated “limited common elements”: 1) the driveway space in front of the unit’s garage door to the edge of the building and 2) the fenced-in patio (if there is one) along with the improvements within the patio, including its concrete pad. Each such limited common element is reserved for the exclusive use of the owners of the unit it is designed to serve. Although reserved for the owner’s exclusive use, a limited common area is still governed by the association’s Declaration and its Handbook of Policies and Guidelines.
In both cases, whether a common element or a limited common element, unless permitted by the Declaration, Bylaws, or Handbook of Policies and Guidelines, any change, addition, modification, decoration, etc. must be approved by the Board.
OCCUPANT: a person lawfully residing in a unit, regardless of whether or not that person is a unit owner. Minors are considered occupants only if residing with parents or legal guardians.
APPENDIX II
QUICK GUIDE TO IDENTIFYING UNIT TYPES
ABBEY: 2 bedrooms, 2 baths, a sunroom, all at ground level
CANTERBURY: 3 bedrooms, 2 baths, a sunroom, all at ground level
CHATEAU: 2 bedrooms, 1.5 baths on ground level; a partial second floor level with a bedroom and a full bath; no sunroom
VILLA: 2 bedrooms, 2 baths, all at ground level; no sunroom
A more detailed description of unit types may be found in the Declaration, Exhibit D.
*IMPORTANT NOTE: This booklet, along with the Declaration and Bylaws, must be retained in each unit and transferred to any future owners. ONLY DISCARD OR DESTROY THIS BOOKLET WHEN IT HAS BEEN REPLACED BY A REVISED OR UPDATED VERSION.